Terms and conditions
The website www.mariannewinten.com (hereinafter the “Website”) is an initiative of Marianne Winten, Windmolenstraat 61, 3500 Hasselt Belgium BE0726413006 [email protected] (hereinafter Marianne Winten)
1. SCOPE OF THE TERMS AND CONDITIONS:
1.1 The present Sales Terms and Conditions (hereinafter the “Terms”) describe the reciprocal rights and obligations applying the sale(s) conducted on the Website between any user (hereinafter the “Client”) and Marianne Winten (collectively designated as “The Parties”)
1.2 The Terms express the entirety of the Parties’ rights and obligations. The Client accepts these Terms without reservation, such acceptance being conditional for the validity of any order or sale through the Website.
1.3 Marianne Winten reserves the right to modify the Terms punctually. Any modification shall be duly notified to the Client and shall be applicable to all sales after their disclosure on the Website.
2. MARKET PLACE
2.1 Through the intermediary of the Website, Marianne Winten provides to the Client a marketplace displaying the products and services for sale, with the greatest accuracy and information possible.
2.2 Marianne Winten must provide clear pre-contractual and commercial information about the products in a clear and complete manner as well as its identity in accordance with Article VI. 45 and the rules of the Book XII on e-commerce of the Belgian Economic Code;
2.3 Marianne Winten acknowledges that the products displayed for sale represents an offer to sell which can be accepted by the Client;
2.4 All products are proposed in the limits of their stock and their availability, to the discretion of Marianne Winten. The price and applicable taxes are mentioned on the Website in the marketplace section.
3. ORDERING ON THE WEBSITE
3.1 The Client must fulfil an online registration form (hereinafter the “Form”) prior to the order of products. The Client shall provide all mandatory information and is responsible for the exactitude of all information provided in the Form. Upon the fulfilment of the Form, the Client accepts the price and the description of the products he/she purchases.
3.2 For the order to be valid, the Client shall accept the present Terms by cliquing the “Confirm” button at the indicated place on the Website.
4. PRICE AND PAYMENT
4.1 Marianne Winten reserves the right to modify the prices of the products at any time and to its own discretion upon their publication on the Website.
4.2 All prices are displayed in EURO and are inclusive of VAT but exclusive of shipping costs, which shall be indicated and invoiced as a complementary cost prior to the confirmation of order to the Client. The Client is responsible for any shipping costs unless otherwise mutually agreed by the Client and Marianne Winten.
4.3 The total Price of the order (VAT included) and, where applicable, the delivery costs shall be disclosed to the Client prior to the confirmation of order.
4.4 Payment for the products must be made in advance. The Client will be charged when the Parties enter into a contract for the purchase of any products. Payments must be made in EURO.
4.5 The Client executes the payment at the time of the final validation of the order and according to one of the means of payment proposed on the website by Marianne Winten. The confirmation of order by the Client is considered as the Client’s signature to the sale contract.
4.6 Marianne Winten may, at any point in time and upon its sole discretion, suspend and/or cancel any transaction and/or requested payment should it have grounds to believe that such transaction may be fraudulent or contrary to the applicable legal acts or harmful to Marianne Winten and/or any user or third party.
4.7 Marianne Winten also reserves the right to cancel or suspend any order from a Client which is liable for a previous order’s payment or in case of a notice of refusal of payment from the banking operator of the Client.
5. CONFIRMATION OF ORDER
5.1 Upon a notice of the validation of payment, Marianne Winten provides the Client with an invoice and a confirmation of order on a durable medium and in a reasonable delay.
5.2 The invoice may be provided under an electronic form at the mail address communicated by the Client or under physical form upon the delivery of the products.
6. SHIPPING SERVICES
6.1 Marianne Winten proceeds to the shipping upon the confirmation of payment by the banking operator of the Client.
6.2 Marianne Winten is responsible for shipping the order to the Client and is bound to communicate a delivery and/or pick-up schedule and pricing to the Client upon the notification of purchase.
6.3 Marianne Winten shall send the Products as soon as possible, but in any event within 35 (thirtyfive) days from the day following the day on which the confirmation of order is sent, to the address indicated by the Client, provided that the total Purchase Price has been received by Marianne Winten when the Client has opted for prepayment, unless a longer delivery time has been agreed upon.
6.4 Marianne Winten is bound to communicate in a clear and complete manner if any shipping restrictions apply to some of the products.
7. RETURNS AND EXCHANGES
7.1 If the Client wants to exchange his/her purchase, the Client must do so within five (5) calendar days upon the day of delivery of the order. The Client must notify Marianne Winten in writing of his/her decision to return the purchase, by e-mail at the following address : [email protected]
7.2 The cancellation rights will not apply to the applicable legal exceptions pursuant to article VI. 58. §2 of the Code of Economic Rights.
7.3 Marianne Winten has thirty (30) days from the date of the Client’s notification to give the Client an exchanged item, excluding delivery costs and taxes. However, Marianne Winten is entitled to wait until he/she receives the returned products.
7.4 All products to be exchanged must be returned to Marianne Winten in integrality and in their original package. The Client is responsible for all shipping costs arising from the return of the products.
8. FORCE MAJEURE
8.1 Marianne Winten shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any obligations under these Terms agreement if such delay or failure result from events, circumstances or causes beyond our reasonable control. In such circumstances, Marianne Winten shall be entitled to a reasonable extension period to perform such obligations.
8.2 If the circumstances of force majeure last for more than ninety (90) days, both Parties are entitled to cancel the contract by a registered letter sent to the other Party. All obligations already performed by Marianne Winten shall still be due proportionately by the Client.
9.1 Marianne Winten warrants that all products shall be conform to the contract pursuant to the laws applicable at the time of conclusion of the sale contract.
9.2 If the Client is a consumer, the Client benefits from a delay of two (2) years after the delivery of the products to execute the warranty period of conformity of the products. Nevertheless, if the products are second-hand products, the warranty period shall be of one (1) year.
9.3 Any default of conformity shall be brought to the attention of Marianne Winten in a reasonable delay, and at the latest one (1) month after the discovery of such default by the Client.
10. APPLICABLE LAW
10.1 These Terms are governed by Belgian Law.
10.2 In the event of a dispute between the Parties relating to the validity, interpretation, or execution of these Terms, only the Courts of Brussels will be competent, and the dispute shall be subject to Belgian Law.